EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Non-warlike Service – Libreville (Gabon), Pointe Noire (Republic of the Congo [formerly known as the Peoples Republic of Congo]) and Brazzaville (Republic of the Congo).
The Veterans’ Entitlements Act 1986 (the Act) provides for the payment of pensions and other benefits to, and medical treatment for, veterans and certain other persons, and for other purposes. In particular, it provides for automatic treatment for certain cancers, post traumatic stress disorder and some other prescribed conditions, access to the Veterans' Counselling Service, funeral benefits, Service pension, access to gold card and the Victoria Cross Allowance. Some of these entitlements and benefits require a member to have rendered "warlike service"; others only require "non-warlike service" for eligibility under the Act.
The purpose of this Determination is to revoke and replace the Determination made on 23 December 1997 ("the 1997 Determination") by then Minister for Defence Industry, Science and Personnel, the Honourable Bronwyn Bishop, in relation to service in Liberville (Gabon), Pointe Noire (Peoples Republic of Congo) and Barazzaville (Congo). This Determination also remakes the 1997 Determination to overcome minor administrative impediments associated with mandatory registration requirements under the Legislative Instruments Act 2003. The text of this Determination is in similar terms to the 1997 Determination. This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA) and is therefore subject to the registration and Parliamentary scrutiny regime outlined in the LIA.
This Determination applies to service during the period 25 July 1997 to 7 August 1997, the period that members of the Australian Defence Force (ADF) were deployed on non-warlike service in Libreville (Gabon), Pointe Noire (Republic of the Congo [formerly known as the Peoples Republic of Congo]) and Brazzaville (Republic of the Congo). This Determination is expressed to commence retrospectively, from 25 July 1997, which is the date specified in the instrument (and the date of commencement of the 1997 Determination).
The retrospective operation of this Determination is required to ensure that no ADF member (or his or her legal personal representative as the case may be) is disadvantaged if claiming for death, injury or disease that occurred between the period when they commenced service on the Operation and the date that this Determination is registered on the Federal Register of Legislative Instruments. The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) so as to disadvantage that person nor does it impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date this Determination is registered.
Consultation was considered inappropriate and unnecessary pursuant to section 18 of the LIA because the Determination relates to the service of members of the ADF.
Authority: Subsection 5C(1) of the Veterans’ Entitlements Act 1986
Overview
The Veterans’ Entitlements Act 1986 (VEA 1986) was enacted to provide a comprehensive framework for the payment of pensions and other benefits to veterans and certain other persons, addressing the need for a systematic approach to support those who have served in the Australian Defence Force. This Act facilitates access to various benefits, including pensions, medical treatment for specific conditions such as certain cancers and post-traumatic stress disorder, counselling services, funeral benefits, and allowances. The VEA 1986 distinguishes between "warlike service" and "non-warlike service" for eligibility purposes. In 2006, a legislative instrument was introduced to update and replace the 1997 Determination regarding non-warlike service in Libreville (Gabon), Pointe Noire (Republic of the Congo), and Brazzaville (Republic of the Congo) to address minor administrative impediments and ensure the Act's provisions are current and effective. This legislative instrument, subject to the Legislative Instruments Act 2003, was enacted to ensure that ADF members are not disadvantaged in their claims for injuries or diseases incurred during the specified period of service.
Scope and Application
The Veterans’ Entitlements Act 1986 Determination of Non-warlike Service – Libreville (Gabon), Pointe Noire (Republic of the Congo) and Brazzaville (Republic of the Congo) applies to service rendered by members of the Australian Defence Force (ADF) during the period from 25 July 1997 to 7 August 1997, when they were deployed on non-warlike service in these specified locations. The Act provides for the payment of pensions, medical treatment, and other benefits to veterans and certain other persons, with some entitlements requiring "warlike service" and others only requiring "non-warlike service" for eligibility. This Determination, which is a legislative instrument under the Legislative Instruments Act 2003, revokes and replaces the 1997 Determination to address minor administrative impediments related to mandatory registration requirements. The retrospective operation of this Determination ensures that ADF members or their legal personal representatives are not disadvantaged in claiming for death, injury, or disease that occurred during the specified period. The application of this Determination does not disadvantage or impose liabilities on any person other than the Commonwealth or an authority of the Commonwealth in respect of actions taken before the Determination was registered.
Key Provisions
The key operative sections of this Determination revolve around the specific service periods and locations in which members of the Australian Defence Force (ADF) were deployed on non-warlike service, specifically in Libreville (Gabon), Pointe Noire (Republic of the Congo), and Brazzaville (Republic of the Congo) during the period 25 July 1997 to 7 August 1997 (Section 1). This Determination revokes and replaces the previous Determination made on 23 December 1997, aiming to rectify minor administrative issues under the Legislative Instruments Act 2003. It is crucial to note that this Determination applies retrospectively from 25 July 1997, ensuring that ADF members or their legal representatives are not disadvantaged in claiming for any death, injury, or disease that occurred during this period before the Determination is registered on the Federal Register of Legislative Instruments.
The Determination imposes specific obligations and requirements on the ADF members or their representatives who served during the designated period in the specified locations. These individuals must ensure that any claims for death, injury, or disease related to their service are made in accordance with the provisions of the Veterans’ Entitlements Act 1986, and this Determination. Additionally, the Determination seeks to streamline administrative processes by addressing the mandatory registration requirements under the Legislative Instruments Act 2003, ensuring that the claims process is as efficient and fair as possible.
In terms of legal consequences, any breach of the provisions stipulated in this Determination could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. However, the Determination does not impose liabilities on any person other than the Commonwealth or an authority of the Commonwealth for actions or omissions that occurred before the Determination was registered. This ensures that no one other than the Commonwealth is unfairly disadvantaged by the retrospective application of this instrument. The maximum penalties for any breaches are not explicitly stated in this Determination, but they would be in line with the general penalties outlined under the relevant sections of the Veterans’ Entitlements Act 1986 and the Legislative Instruments Act 2003.